NTIn ForceAct
Evidence (National Uniform Legislation) Act 2011
169Failure or refusal to comply with requests
Start here
Get a plain-English read of 169
Turn the raw legal text into a practical explanation grounded in Evidence (National Uniform Legislation) Act 2011.
169 Failure or refusal to comply with requests
(1) If the party has, without reasonable cause, failed or refused to
comply with a request, the court may, on application, make one or
more of the following orders:
(a) an order directing the party to comply with the request;
(b) an order that the party produce a specified document or thing,
or call as a witness a specified person, as mentioned in
section 166;
(c) an order that the evidence in relation to which the request was
made is not to be admitted in evidence;
(d) such order with respect to adjournment or costs as is just.
(2) If the party had, within a reasonable time after receiving the
request, informed the other party that it refuses to comply with the
request, any application under subsection (1) by the other party
must be made within a reasonable time after being so informed.
(3) The court may, on application, direct that evidence in relation to
which a request was made is not to be admitted in evidence if an
order made by it under subsection (1)(a) or (b) is not complied with.
(4) Without limiting the circumstances that may constitute reasonable
cause for a party to fail to comply with a request, it is reasonable
cause to fail to comply with a request if:
(a) the document or thing to be produced is not available to the
(b) the existence and contents of the document are not in issue in
the proceeding in which evidence of the document is proposed
to be adduced; or
(c) the person to be called as a witness is not available.
(5) Without limiting the matters that the court may take into account in
relation to the exercise of a power under subsection (1), it is to take
into account:
(a) the importance in the proceeding of the evidence in relation to
which the request was made; and
(b) whether there is likely to be a dispute about the matter to
which the evidence relates; and